Articles Posted in U.S. 9th Circuit Court of Appeals

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Plaintiff filed a class action suit against Vital for its distribution of ZERO IMPACT protein bars that were erroneously marketed and labeled as having little to no impact on blood sugar. On appeal, Vital challenged the district court's sua sponte order remanding the suit to state court for failure to establish the amount in controversy requirement under the Class Action Fairness Act (CAFA), 28 U.S.C. 1453(c)(1). The court reversed and remanded, concluding that the undisputed Cimino declarations were sufficient to establish that CAFA's $5 million amount in controversy requirement was met. View "Watkins v. Vital Pharmaceuticals" on Justia Law

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After an airplane was damaged in a runway accident, USAU indemnified the owner of the aircraft and brought a subrogation claim against Nabtesco. USAU alleged that the accident resulted from a defective component part, an actuator, manufactured by Nabtesco. The court affirmed the district court's order and held that the eighteen-year statute of repose set forth in the General Aviation Revitalization Act of 1994, 49 U.S.C. 40101, began to run from the date that the component part, along with the aircraft in which it was installed originally, was delivered to its first purchaser. View "United States Aviation Underwriters, Inc. v. Nabtesco Corp., et al" on Justia Law